Judge rules that prosecutors can use email to prove she knew Harvey Weinstein

Harvey Weinstein defense can use Gavin Newsom’s wife’s email at trial, judge rules

A judge Tuesday ruled that prosecutors should be allowed to use an email account belonging to Harvey Weinstein’s wife as evidence during the next stage of the wrongful-imprisonment case.

The email address and the phone number listed are known to have belonged to the actress Ambra Battilana Gutierrez, who has alleged she was harassed after her husband’s alleged sexual assaults in 2013. Investigators have said Battilana Gutierrez sent messages, both good and bad, to Weinstein during the course of the harassment claims, and prosecutors have alleged that he and Weinstein sought to discredit those messages.

In a trial slated to begin in October, prosecutors say Battilana Gutierrez took the stand Tuesday morning and implicated Weinstein in the alleged harassment claims. They say she also provided a written statement to an investigator on Weinstein’s behalf, and she later met in person with a lawyer to discuss the harassment claims.

But Battilana Gutierrez’ lawyers want to keep her identity protected after her first trial when she was called by the defense to testify, and they have said she would invoke her Fifth Amendment right not to testify next time around.

But the judge on Tuesday ruled that prosecutors can use her email address and phone number to prove that she knew Weinstein and told him about the harassment claims. She also ordered that prosecutors should disclose her email address and phone number to defense attorneys.

That order comes a little more than a month after prosecutors said they were ready for Battilana Gutierrez to testify next month. She was last seen at a March 2016 arraignment, according to court documents. Her address was redacted from the documents released Monday in response to a public-records request, but prosecutors say their records indicate she lives in New York and is a “registered nurse.”

An email sent to Battilana Gutierrez’ attorney from her phone number Wednesday confirmed that she had signed a statement with the prosecutor that implicated Weinstein in the harassment claims.

“I was informed via phone call on February 24 that

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